- These Terms and Conditions ("Terms") on the Honda Australia Motorcycle and Power Equipment Pty Ltd (Honda) e-store set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts ("Products") ordered by companies and/or consumers ("You") from the Honda e-store (the "e-store") or website ("Website") for delivery in Australia.
- The e-Store and Website are owned by Honda Australia Motorcycle and Power Equipment Pty Ltd, ABN 96 006 662 862, with its registered office at 1954-1956 Sydney Road, Campbellfield, VIC 3061.
- By ticking the "I agree" box in the checkout process and submitting the order, You accept and agree to be bound by these Terms.
- Honda reserves the right to amend the Terms at any time without notice. Any changes to the Terms will be effective on the date on which they are posted on the Website or otherwise brought to Your attention.
- By accepting these Terms, You confirm that You have legal capacity to form a binding contract with Honda.
Ordering of Products
Products are ordered and the contract for the purchase of Products is formed and concluded in accordance with the following process:
- You select the relevant Product,and proceed to the Checkout. A series of instructions will guide the Checkout process.
- If a selected Product is not in stock, you will be presented with the option to find a dealer. Whilst Honda makes reasonable endeavours to supply and ensure the availability of Products, Products are made available to purchase on a “first in, first out” basis and are only available whilst stocks last.
- In placing an order, You will be requested to provide information in relation to Your order, such as contact details, delivery address, and any information associated with payment method. You will also be requested to indicate Your preferred Honda retail store (Dealer) for pick-up of Products, returns and warranty repairs
- Your order constitutes an offer to buy, under these Terms, the Products listed in Your order for the price specified on the Website as applying to the Products at the time of Your order. Honda is not obliged to accept Your offer. Only upon Honda’s acceptance of Your offer in the manner set out in clause 2.1(5) will there be a binding contract.
- Following successful processing of Your order Honda will accept your order by sending You a notice by email, acknowledging receipt of the order and setting out details of the ordered Products. Upon Your receipt of this notice the contract for the purchase of the Products becomes a binding agreement.
- If a Product that has been ordered is not in stock (including where there is insufficient stock), Honda will contact You so that You can either cancel the order, or where the Product is expected to be sufficiently restocked, maintain Your order.
- If you place any Products in Your shopping cart and accept the Terms, but do not complete your order (including if you do not provide your shipping or payment details or if You close your internet browser window before completing the order process), You agree, including for the purposes of the Spam Act 2003 (Cth), that we may send You one or more emails notifying You of Your uncompleted order.
- Honda may, at its sole discretion, reject all or part of Your order, including without limitation in the case of abnormal orders and orders which Honda suspects are not placed in good faith or orders in response to incorrect offers on the e-Store made as a result of human, system or technology error (including errors in the image, description or price).
- Honda reserves the right to make minor technical changes in ordered Products which do not affect the functionality or materially change the Products. Such changes will not affect the binding nature of Your order or Honda’s acceptance of Your order
- Products are ordered and the contract for the purchase of Products is formed and concluded in accordance with the following process:
- Payments can be made by credit or debit card. The value of your purchase will be settled from the applicable card when the order is placed. Your credit or debit card will be charged and the bank transfer will be effected upon acceptance of Your order.
- The Products will be dispatched once the credit or debit card has been charged or the payment has been received and the order has been processed.
- By submitting an order through the e-Store, You confirm that the payment details provided on Your order are valid, correct and You are authorised to use the credit card for the payment.
- If Honda does not receive the authorisation that Your payment has been processed, Honda reserves the right to cancel Your order.
- If your payment cannot be processed, you will be notified of this on the e-Store. You will then need to contact Your card issuer and endeavour to resolve this issue if you wish to purchase the Products.
Delivery of Products
- Products ordered on the Honda e-Store can only be shipped to addresses within Australia.
- Honda will deliver the Products to the selected Dealer. The Dealer will proceed to perform quality checks on, inspect, and assemble the Products, and contact You when they are ready for collection.
- Any shipping or delivery dates provided are estimates only, and are not guaranteed. Where Products are unavailable within estimated delivery times, Honda will endeavour to contact You through any contact information You have provided.
- The delivery will be considered completed when You collect the Products from the selected Dealer. Following any quality check, inspection or assembly of the Products by the Dealer, any liability in relation to the quality or state of the product and delivery of the product will be the sole responsibility of the Dealer.
- Honda retains full legal title to Products until it has received all amounts due on the ordered Products in full, and you have received a notice of dispatch.
- The risk and responsibility in the Products passes to You when You (or Your agent) collect the Products and the Products leave the selected dealer’s premises, or in the case of direct delivery to You, when You receive the Product at Your premises.
Installation and Use
- Following collection, any material damage or obvious defects in the Product must be notified to Honda without delay.
- You agree that you are solely responsible for the proper installation and use of any Products purchased from the e-Store, and You must install and use the Product and any accessories in accordance with any user/product manuals or installation guides .
- The process for returning Products for repair, replacement or refunding will be according to the Returns and Order Cancellation Policy (insert link) or by calling 1300 559 846 (Mon to Fri 8.30am to 6pm) or emailing email@example.com.
Statutory Consumer Rights
- You have statutory rights under the Australian Consumer Law in relation to Products. These statutory rights (including the right to repair, replacement or refund of the price in particular circumstances) are not affected by anything in these Terms.
- In addition to statutory consumer rights, all Products come with a Honda warranty. Speak to your selected Dealer for more information.
For the avoidance of doubt, Honda will not be liable for non-fulfilment of the warranty, where such non-fulfilment arises due to:
- deliberate damage to, or neglect of the Product;
- consumable aspects and normal wear and tear of the Products;
- failure to follow any Product manuals, installation guides and other instructions relating to the use, installation and care of the Product; or
- use of the Product for commercial or non-domestic purposes.
- With exception of the above, and to the extent permitted by law, Honda disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
Without prejudice to Honda’s termination or other rights under any provision of these Terms or other applicable law, Honda may at any time, prior to delivering the Products to You, immediately terminate the contract for the supply of Products to You if:
- in Honda's reasonable opinion, you breach these Terms, and the breach is not capable of being remedied; or
- You breach these Terms, the breach is capable of being remedied, and you fail to remedy the breach after Honda has given you 14 days to remedy the breach.
- Where Honda terminates the contract in accordance with this section, Honda will refund any money received for that order.
- Without prejudice to Honda’s termination or other rights under any provision of these Terms or other applicable law, Honda may at any time, prior to delivering the Products to You, immediately terminate the contract for the supply of Products to You if:
Processing of Personal Data and Privacy
Limitation of Liability and Force Majeure
- Honda's liability under these Terms in relation to an individual order will be limited to the price paid in respect of that order. Honda will have no liability for indirect, special, incidental or consequential damages.
Honda assumes no liability for claims arising from:
- Non-intended use or handling of Products;
- Use and installation in combination with appliances and/or products for which the Product was not intended; or
- Improper installation of Products.
- The limitation of liability in section 11.1 will not apply in case of fraud, gross negligence or wilful misconduct on the part of Honda. Additionally, nothing in these Terms will exclude the availability of statutory consumer rights.
Honda shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including but not limited to:
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- strikes or lock-outs (or other industrial action);
- national or local states of emergency;
- failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, or other natural disaster;
- outbreaks of disease, epidemic or pandemic or quarantine or any associated Governmental response, requirement or recommendation or any health, safety or workplace law action taken by Honda in connection with same;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- the acts, decrees, legislation, regulations or restrictions of any government.
- Any notice given by either party under these Terms must be in writing, and may be delivered by hand, posted in a postage paid envelope, or sent by email.
A notice, direction or other communication is taken to have been received by either party:
- If delivered by hand to the receiver, at the time of delivery;
- If posted in a postage paid envelope addressed to the receiver, 3 business days after the date of posting; or
- If sent by email, 60 minutes after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
- Any notice given by You to Honda may delivered or posted to Honda MPE, Private Bag 19, Campbellfield, Somerton, VIC 306 or sent by email to firstname.lastname@example.org
- Any notice given by Honda to You may be delivered or posted to an address notified by You, or sent by email to an email address notified by You. In the absence of an express notification by the Customer of any physical or email address, any contact information provided when ordering Products will be taken as notification to Honda of a physical or email address (if applicable) for the purposes of this section. You will be taken to have consented to the delivery of notices to any relevant address.
Governing Law and Dispute Resolution
- These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.
- By using the e-Store and/or Website, you agree that any dispute arising in connection with these terms and conditions, or use of the e-Store and/or Website, will be resolved in accordance with the law applying in the State of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.
- These Terms, together with the Returns and Order Cancellation Policy constitute the entire agreement between You and Honda relating to the supply of the Products, and supersede all prior oral or written communications with respect to the subject matter.
- If any provision of these Terms is found to be illegal, void, invalid, or unenforceable by a court of law, such illegality, invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
- Honda's failure to exercise or enforce, at any time or period of time, any of the Terms will not constitute a waiver of such rights. All rights not expressly granted are reserved.